is it illegal to work without employment authorization??????

[Minya's wife 24]

Oh here we go again....

It is illegal for a K-1 to work without EAD in hand. Period. There is no loophole...regardless of what the below says. Heck, K-1's are entitled to an SS card after arriving, before they adjust status and members routinely report that they're turned away from SSA offices because the people there don't know their own policies....

Actually, according to https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500 you can work without an EAD.

"Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person's I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

NOTE: Although aliens listed under a class of admission in RM 00203.500C.1. of this section are work authorized without specific DHS authorization, employers may still ask for an EAD before the alien can start working."

It goes on to list (among others) K-1 visa holders.

The question is not whether or not the SSA people now their own policies, the question is "is it legal for a K-1 holder to work without an EAD". Seems to me that SSA says YES! No loophole, just the law.

A whole different set of questions is how you are going to get someone to hire you without one.

seeing as how the law, governing whether an 'alien' can work is the jurisdiction of the Department of Homeland Security's United States Customs and Immigration Services, and NOT the Social Security Administration....it is quite useless to quote an SSA policy and say its the law.

[Bobby+Umit 161]

Oh here we go again....

It is illegal for a K-1 to work without EAD in hand. Period. There is no loophole...regardless of what the below says. Heck, K-1's are entitled to an SS card after arriving, before they adjust status and members routinely report that they're turned away from SSA offices because the people there don't know their own policies....

Actually, according to https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500 you can work without an EAD.

"Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person's I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

NOTE: Although aliens listed under a class of admission in RM 00203.500C.1. of this section are work authorized without specific DHS authorization, employers may still ask for an EAD before the alien can start working."

It goes on to list (among others) K-1 visa holders.

The question is not whether or not the SSA people now their own policies, the question is "is it legal for a K-1 holder to work without an EAD". Seems to me that SSA says YES! No loophole, just the law.

A whole different set of questions is how you are going to get someone to hire you without one.

seeing as how the law, governing whether an 'alien' can work is the jurisdiction of the Department of Homeland Security's United States Customs and Immigration Services, and NOT the Social Security Administration....it is quite useless to quote an SSA policy and say its the law.

Agreed - we know they don't talk to each other..

USCIS says you need one, they are judging your applications, I would get the EAD, just to make sure...

Bureaucracy must be served....

Edited May 1, 2009 by Bobby_Umit

[JeremyR 8]

To put another spin on it:

AOS Interviewer: "Have you worked without authorisation whilst in the United States?"

Applicant: <buttock-clenchingly awkward silence>

[Minya's wife 24]

To put another spin on it:

AOS Interviewer: "Have you worked without authorisation whilst in the United States?"

Applicant: <buttock-clenchingly awkward silence>

Applicant: Yes, because the SSA policy said K-1s were allowed to work without EAD.

AOS Interviewer: Case denied, next?!?

[Chica Yeyé 41]

To put another spin on it:

AOS Interviewer: "Have you worked without authorisation whilst in the United States?"

Applicant: <buttock-clenchingly awkward silence>

Applicant: Yes, because the SSA policy said K-1s were allowed to work without EAD.

AOS Interviewer: Case denied, next?!?

I luvz you both

[JVKn'CVO 11]

employers may still ask for an EAD before the alien can start working

Employers must ask for documentation to satisfy the I9 requirements. A K1 visa will -most likely- not have the documentation to comply until EAD or work authorization is approved

I9 (Scroll down to page 5)

Saludos,

Caro

[Chica Yeyé 41]

And do listen to Caro; since she works as a human resource person

[JVKn'CVO 11]

And do listen to Caro; since she works as a human resource person

Saludos,

Caro

[marybeth 0]

thank you guys for all your reply...

because i was wondering about it, and my friend offer me to work in her beauty supply store as a chashier...

[Neonred 3,461]

To put another spin on it:

AOS Interviewer: "Have you worked without authorisation whilst in the United States?"

Applicant: <buttock-clenchingly awkward silence>

Applicant: Yes, because the SSA policy said K-1s were allowed to work without EAD.

AOS Interviewer: Case denied, next?!?

Wrong. While it is illegal to work without EAD, as the spouse of a US citizen, any illegal work you have done will be forgiven at AOS and will not cause denial of your case.

[Chica Yeyé 41]

To put another spin on it:

AOS Interviewer: "Have you worked without authorisation whilst in the United States?"

Applicant: <buttock-clenchingly awkward silence>

Applicant: Yes, because the SSA policy said K-1s were allowed to work without EAD.

AOS Interviewer: Case denied, next?!?

Wrong. While it is illegal to work without EAD, as the spouse of a US citizen, any illegal work you have done will be forgiven at AOS and will not cause denial of your case.

O RLY????? Not so. Says where?

[Ed+Cindy 1]

This is confusing...if you look at the document page 5 posted above and use the 2 right-most columns (one for ID and one for work permission), it looks like as long as you have a social security number, you can work (unless the Social Security cards issued to K-1 holders specify they can't work on them?)

hmm....

[shawndoc 0]

This is confusing...if you look at the document page 5 posted above and use the 2 right-most columns (one for ID and one for work permission), it looks like as long as you have a social security number, you can work (unless the Social Security cards issued to K-1 holders specify they can't work on them?)

That is exactly what they say.

[AngelSaint 0]

A K1 visa holder is ALLOWED to work in the US within 90 days from the arrival. In fact, that is the only K visa which is allowed to work.

See this link:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

"Required evidence for employment authorization is either a Form I-94, Arrival/Departure Record, showing a class of admission that indicates the person can work without specific DHS authorization (RM 00203.500C.1.) or an employment authorization document (EAD) (Form I-766 or I-688B).

Employment authorization for nonimmigrants can be determined by:

the alien's class of admission code as shown on the I-94 (the non-immigrant classifications shown on the I-94 with employment authorization inherent in status are listed in RM 00203.500C.1.);

H-1B1

Temporary worker in a specialty occupation

H-1C

Registered nurse

H-2A

Agricultural worker

H-2B

Non-agrarian seasonal worker

H-2R

Returning H-2B worker (worker was previously admitted as H-2B, left the U.S. temporarily and is returning to the U.S.

H-3

Trainee

I*

Foreign information media representative

J-1

Exchange visitor (pursuant to an approved program) (See RM 00203.480) An exchange visitor whose DS-2019 shows the category as “international visitor” or “student” in item 4 of the form must provide a letter from the program sponsor as evidence of authority to work. Otherwise, presume the J-1 is authorized to work as part of the exchange program.

K-1

Fiancé(e) of U.S. citizen

L-1

Intracompany transferee

L-1A

Intracompany Transferee Managers and Executives

L-1B

Intracompany Transferee Specialized Knowledge

[Chica Yeyé 41]